From Casetext: Smarter Legal Research

Tyler Co. v. Ludlow-Saylor Wire Co.

U.S.
Mar 22, 1915
236 U.S. 723 (1915)

Summary

finding manufacturer, whose plant and home office were in St. Louis, lacked regular and established place of business in New York, as its New York conduct consisted solely of paying a single part-time salesman who solicited orders and forwarded them to St. Louis, paying a portion of rent on a room for the salesman, paying a portion of wages for a stenographer to support salesman, and shipping goods for one sale to a purchaser in New York

Summary of this case from Bos. Sci. Corp. v. Cook Grp. Inc.

Opinion

APPEAL FROM AND PETITION FOR CERTIORARI TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.

Nos. 441, 622.

Argued December 15, 1914; petition for writ of certiorari submitted December 15, 1914. Decided March 22, 1915.

Paying an agent, who is also employed by another corporation, to solicit orders to be executed at its home office and sharing expenses with another corporation of an office in the District in which a suit for infringement of patent is brought, held in this case not to amount to having a regular and established place of business which would subject a foreign corporation to the jurisdiction of the Federal court under the act of March 31, 1897, c. 395, 29 Stat. 695. Where an agent solicits an order in one State and forwards it to his principal at its home office in another State and the goods are shipped direct by the principal the sale is consummated in the latter State and does not constitute an infringement of patent in the former State. Where appeal is properly prosecuted and certiorari is also asked from the same judgment of the Circuit Court of Appeals, the latter will be denied.

THE facts are stated in the opinion.

Mr. Charles C. Linthicum, with whom Mr. J. Negley Cooke and Mr. D. Anthony Usina were on the brief, for appellant and petitioner:

There was an established place of business and an infringement committed in New York. American Stoker Co. v. Underfeed Stoker Co., 182 F. 642; Chadeloid Chemical Co. v. Chicago Finishing Co., 180 F. 770; Chicago Tool Co. v. Phila. Tool Co., 118 F. 852; Westinghouse Co. v. Stanley Co., 116 F. 641; S.C., 121 F. 101.

Mr. James P. Dawson and Mr. William E. Garvin for appellee and respondent, submitted.


Alleging infringement of its patent and asking appropriate relief appellant, an Ohio corporation, instituted this proceeding in equity against the Ludlow-Saylor Wire Company, a corporation organized under the laws of Missouri, in the United States District Court for the Southern District of New York. Objection to the jurisdiction was sustained and a direct appeal to this court allowed.

The cause is properly here upon the appeal and the application for certiorari heretofore presented (No. 622) must be denied.

The act of March 3, 1897, c. 395, 29 Stat. 695, provides: "That in suits brought for the infringement of letters patent the circuit [now district] courts of the United States shall have jurisdiction, in law or in equity, in the district of which the defendant is an inhabitant, or in any district in which the defendant, whether a person, partnership or corporation, shall have committed acts of infringement and have a regular and established place of business. . . ."

Evidence was introduced to show that appellee had the requisite place of business in New York City and also had committed an act of infringement by making a sale there. The trial court held neither claim was established.

The Wire Company is a manufacturer of screens, with plant and home office at St. Louis, Missouri. For some eighteen months in 1911 and 1912 it employed Guerin, upon whom process was served, as "Eastern Representative," paying him a small salary, commission on sales, and traveling expenses. During this period he was also employed by another corporation which rented a room in the building at No. 30 Church Street, New York City, and there he maintained headquarters as representative of both concerns — the rent and stenographer's wages being apportioned between them according to agreement. His duty to appellee was "to solicit orders [and] forward them when received to the home office for execution." Considering all the facts disclosed we think them insufficient to support the allegation that appellee had a regular and established place of business at 30 Church Street within the intendment of the statute. Green v. Chicago, Burlington Quincy Railway, 205 U.S. 530, 533.

The circumstances attending only one sale appear in the record and this was negotiated by the purchaser in order that it might afford the basis for a suit. Guerin received and forwarded, and his principal accepted, the order for goods which were thereafter manufactured and shipped by express to the purchaser in New York City. This sale was consummated at St. Louis and did not constitute an infringement of appellant's patent within the district where suit was brought. Westinghouse Electric Mfg. Co. v. Stanley Electric Mfg. Co., 116 F. 641.

The decree is

Affirmed.


Summaries of

Tyler Co. v. Ludlow-Saylor Wire Co.

U.S.
Mar 22, 1915
236 U.S. 723 (1915)

finding manufacturer, whose plant and home office were in St. Louis, lacked regular and established place of business in New York, as its New York conduct consisted solely of paying a single part-time salesman who solicited orders and forwarded them to St. Louis, paying a portion of rent on a room for the salesman, paying a portion of wages for a stenographer to support salesman, and shipping goods for one sale to a purchaser in New York

Summary of this case from Bos. Sci. Corp. v. Cook Grp. Inc.

finding manufacturer, whose plant and home office were in St. Louis, lacked regular and established place of business in New York, as its New York conduct consisted solely of paying a single part-time salesman who solicited orders and forwarded them to St. Louis, paying a portion of rent on a room for the salesman, paying a portion of wages for a stenographer to support salesman, and shipping goods for one sale to a purchaser in New York

Summary of this case from Bristol-Myers Squibb Co. v. Mylan Pharms. Inc.

finding that there was no regular and established place of business where the representative was also employed by another corporation which paid for the lease from which he maintained an office as representative of both corporations

Summary of this case from Raytheon Co. v. Cray, Inc.

In W. S. Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723, 725, 35 S.Ct. 458, 459, 59 L.Ed. 808, 809 (1915), the alleged infringing defendant employed an "Eastern Representative"

Summary of this case from Dual Manufacturing & Engineering, Inc. v. Burris Industries, Inc.

In W.S. Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723, 35 S.Ct. 458, 59 L.Ed. 808 (1915), a Missouri corporation employed a sales representative in New York City. He solicited orders which were completed at the home office.

Summary of this case from Knapp-Monarch Co. v. Casco Products Corp.

In W.S. Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723, 35 S.Ct. 458, 59 L.Ed. 808 (1915), the Court was confronted with a similar factual situation as has been set out earlier in this opinion.

Summary of this case from Knapp-Monarch Co. v. Casco Products Corp.

In W.S. Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723, 35 S.Ct. 458, 59 L.Ed. 808 (1915), the Court, relying on Westinghouse Elec. Mfg. Co. v. Stanley Elec. Mfg. Co., 116 F. 641 (C.C.S.D.N.Y. 1902), said that if the sale was consummated outside the forum it did not constitute an infringement within the district where the suit was brought.

Summary of this case from Union Asbestos Rubber Co. v. Evans Products

In W. S. Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723, 35 S.Ct. 458, 59 L.Ed. 808 (1915) a Missouri corporation employed a sales representative in New York City. He solicited orders which were completed at the home office.

Summary of this case from Coleco Industries, Inc. v. Kransco Manufacturing

In Tyler Co. v. Ludlow-Saylor Wire Co., 1915, 236 U.S. 723, 35 S.Ct. 458, 459, 59 L.Ed. 808, it was held that the statutory requirement of "a regular and established place of business" in this District was not established although the alleged infringer, a Missouri corporation, had employed as its "Eastern Representative" a person who maintained headquarters here to solicit orders, and whose rent, salary and commissions, and stenographer's wages were paid in part by it.

Summary of this case from Harris-Intertype Corporation v. Photon, Inc.

In W.S. Tyler Company v. Ludlow-Saylor Wire Company, 236 U.S. 723, 35 S.Ct. 458, 59 L.Ed. 808, the Supreme Court held that where an agent solicits an order in one state and transmits it to his principal at its home office in another state, who in turn ships the goods directly to the customer, the sale is consummated in the latter state and does not constitute an infringement of a patent in the former state.

Summary of this case from Kamkap, Inc. v. Worldsbest Industries

In W.S. Tyler Co. v. Ludlow-Saylor Wire Co., 236 U.S. 723, 35 S. Ct. 458, 459, 59 L. Ed. 808, it appeared: "The Wire Company is a manufacturer of screens, with plant and home office at St. Louis, Missouri. For some eighteen months in 1911 and 1912 it employed Guerin, upon whom process was served, as "Eastern representative," paying him a small salary, commission on sales, and traveling expenses.

Summary of this case from Tignor v. Balfour
Case details for

Tyler Co. v. Ludlow-Saylor Wire Co.

Case Details

Full title:W.S. TYLER COMPANY v . LUDLOW-SAYLOR WIRE COMPANY

Court:U.S.

Date published: Mar 22, 1915

Citations

236 U.S. 723 (1915)
35 S. Ct. 458

Citing Cases

Wilson v. McKinney Mfg. Co.

The name of the appellee is also carried in the subscribers and classified advertising sections of the local…

Raytheon Co. v. Cray, Inc.

However, Cray's "offers to sell" are not limited to the location of where an HPC product might ultimately be…